United States v. Jackson, 2:08-cr-20150

Defendant James Adam Jackson pleaded guilty on March 30, 2009 under Fed. R. Crim. P. 11(c)(1)(C) to conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug crime.
Plea agreement proposed 120 months for the drug offense and 60 months for the firearm offense, totaling 180 months.
Court adopted the PSIR and found a guideline range of 210 to 262 months if the guidelines were applied; defendant received a downward departure.
On March 22, 2010, the court sentenced Jackson to 156 months total, aided by the government’s § 5K1.1 motion for substantial assistance.
Jackson filed a pro se § 3582(c)(2) motion on January 12, 2012 seeking a sentence reduction based on lowered guidelines.
The court denied the § 3582(c)(2) motion, holding that Jackson’s sentence was not based on applicable guidelines and that no relevant guidelines had been lowered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Freeman governs eligibility for relief	Jackson argues 11(c)(1)(C) plea yields § 3582(c)(2) relief.	Jackson contends relief is available when plea reflects guideline-based sentencing.	Jackson not entitled to relief; no guidelines lowered that applied.
Whether the sentence was based on the guidelines	The sentencing reflected the plea term under the guidelines.	The court did not base the sentence on the guidelines due to the 11(c)(1)(C) agreement.	Sentence not based on guidelines; Freeman analysis inapplicable.
Whether any applicable guidelines were subsequently lowered	Relief could apply if the relevant guidelines were later lowered.	No applicable guideline amendments lowered the drug or firearm offenses in his case.	No § 3582(c)(2) relief because the applicable guidelines were not lowered.

United States v. Freeman, 131 S. Ct. 2685 (U.S. Supreme Court 2011) (clarified § 3582(c)(2) relief when sentence based on guidelines; limits relief for non-guideline-based sentences)